Topic
Misrepresentation
289 published works
Taft Class Action & Consumer Insights
Dr. Oz Suit Shows Not All Class Actions Result in Millions of Dollars
There is a public perception that class actions result in multimillion-dollar liability for the defendants. The recent settlement of Woodard v. Labrada, a case in which TV’s Dr. Mehmet Oz…
Drug & Device Law
Lack Of Proximate Cause Evidence Dooms Misrepresentation And Warnings Claims
Under Fed. R. Evid. 9(b), “[i]n alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.” In our sphere, federal courts are quite variable…
Legal Profession Blog
Legally Qualified As Obscene
A Colorado attorney has been suspended for one year and one day, with six months to be served and six months and one day to be stayed upon the successful…
California Employment Law Update
At-Will Employees May Sue Their Employer For Misrepresentation Of Intended Job Duties
By Mark Theodore, Wesley C. Shelton
A recent California Court of Appeal decision confirms that a California employer may be liable to an at-will employee who relocates to accept a new employment position, when the employer’s…
Ponzi Perspectives
New Complaint – Andersen, et al. v. Gigapix Studios, Inc.
By Jenny Yi
Andersen, et al. v. Gigapix Studios, Inc. was filed in the Superior Court of California, County of Sacramento on January 13, 2022 seeking civil damages for claims of fraud and…
Drug & Device Law
Court Allows Fraud and Misrepresentation Claims to Proceed Despite the Learned Intermediary Doctrine
A federal court applying Florida law has refused to dismiss fraud and misrepresentation claims brought by a patient against a medical-device manufacturer, rejecting the manufacturer’s contention that such claims are…
Property Insurance Coverage Law Blog
Accuracy in the Application for Insurance is Necessary to Avoid Claims of Misrepresentation
By Kyle Bugden
We’ve all likely seen USAA’s recent commercial campaign featuring Super Bowl Champion Rob Gronkowski attempting, unsuccessfully, to obtain insurance with USAA. Although the commercials are lighthearted and humorous, they also…
New Jersey Law Blog
FTC Issues Penalty Offenses Concerning Money Making Opportunities to Hundreds of Franchise Companies
The Federal Trade Commission (“FTC”) has kept itself busy as of late, issuing a series of notices to over 1,000 businesses (many of them franchise companies) advising them that they…
Insurance Law Hawaii
Motion to Strike Insurer’s New Argument Granted
The court granted a motion to strike the insurer's new argument that the insured had made misrepresentations in its application for the policy. Great Lakes Ins. v. Gray…
Legal Profession Blog
Misrepresentation Draws Suspension
A recent notice on the webpage of the Michigan Attorney Discipline BoardAfter proceedings conducted pursuant to MCR 9.115, the panel found, by default, that respondent committed professional misconduct while employed…